Determination Of Criminal Liability For Alienation Of Online Public Relation

Alienation of network public relations refers to the behavior of network marketing based on network technology,using improper means(such as paid deletion and posting,etc.).This behavior deviates from the normal development track of the public relations industry,so it is called Internet public relations alienation.The alienated behavior of online public relations is not only an infringement of consumers’ right to know,but also a damage to the fair and healthy competition of enterprises.At the same time,it hinders the healthy development of the public relations industry and urgently needs legal regulation.Due to the special nature of the alienation of online public relations,there are certain differences between it and traditional crimes,which leads to various problems when the judicial and law enforcement departments of our country determine their criminal responsibility: first,In practice,the behavior characteristics and the infringed legal interests are not used as the basis,and the corresponding responsibilities of the perpetrators of alienated online public relations are investigated according to different types,which leads to confusion in the identification of crimes in practice.Second,under the circumstance that the alienation of online public relations shows the trend of the industry chain,it is not possible to comprehensively identify different subjects.Third,in judicial practice,the criminal liability of alienated behaviors in online public relations has shown a spreading trend of "pocket phenomenon" in the determination of crimes.In response to the first question,the principle of statutory crime and punishment should be strictly followed,and the alienation behavior of online public relations should be classified in the sense of criminal law based on the characteristics of the behavior and the legal interests violated,and a reasonable type of crime should be summarized.The author believes that it should be analyzed from the perspective of criminal law,from the two perspectives of the means of crime and the legal interests violated,reclassify the types of alienated behaviors in online public relations,and summarize the types of crimes,so as to help judicial organs accurately convict.According to different behaviors and infringement of legal interests,the author divides the alienation of online public relations into five types: malicious competition,bribes,false propaganda,extortion,and technical support,and analyzes them one by one.In response to the second question,we should continue to comprehensively identify the subjects participating in the entire process,and not let any "fish that slip through the net" be spared.The author adopts the method of "new interpretation" of traditional crimes,combined with the specific behavior of the perpetrator,starting from the composition of the crime,and comprehensively analyzes the middle and upper reaches of employers,service providers,technical supporters and "network navy" in the alienation of online public relations.criminal responsibility.For upstream employers,they and service providers have common intentions and jointly cause harmful results and bear corresponding criminal responsibility for joint crimes.Payment of post deletion fees and other aspects to determine the criminal responsibility that the provider should bear,and bear criminal responsibility according to the corresponding crime.For technical supporters,those who violate the criminal law in violation of the obligation of action should bear criminal responsibility.For the "network navy",the organizers,key personnel,and activists should be held criminally responsible,and the rest of the part-time "navy" should generally not be held criminally responsible.In response to the third question,it should be clarified that the alienation of online public relations cannot be convicted and punished as the crime of illegal business operations.The "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Defamation by Using Information Networks" issued by the two high schools is unreasonable in the clauses involving alienation of online public relations.The alienated behavior of online public relations did not infringe the object of the crime of illegal business operation,did not "violate state regulations",and did not meet the provisions of the bottom line of the crime of illegal business operation,so the crime of illegal business operation was not established.At the same time,the author puts forward the following suggestions for the standardized construction of criminal responsibility for alienation of network public relations: First,in order to better cope with the new phenomenon of alienation of network public relations that may appear in the future,we must continue to maintain and reasonably play the explanatory function of traditional crimes.Second,legislative departments,judicial departments and academia should work together to make positive measures to activate the applicability of new crimes and make them play a better role and vitality.